During a hearing on October 23, 2008, Leon commented on the ambiguity of the term "enemy combatant" and criticized Congress and the Supreme Court: "We are here today, much to my dismay, I might add, to deal with a legal question that in my judgment should have been resolved a long time ago. I don't understand, I really don't, how the Supreme Court made the decision it made and left that question open... I don't understand how the Congress could let it go this long without resolving." On November 20, Leon ordered five detainees released from Guantanamo Bay Naval Base due to insufficient evidence.