The subjunctive after le fait que is optional: it depends on what you mean.

When you're talking about actual fact, you do not need the subjunctive.

Le fait qu'il le fait...
The fact that he's doing it...
(You know for a fact that he's doing it)

However, when you're talking about a supposition, you do need the subjunctive:

Le fait que tout le monde sache...
The fact that everyone knows...
(You're supposing that everyone knows, you don't know it for a fact)

The Subjunctivator!

| Quiz: Subjunctive or indicative?