According to this Washington Post article, the government has appealed the ruling of Judge Brinkema in the Moussaoui case. The notice of appeal may be found here. The government has asked for permission to file extra-long briefs and asked for an expedited ruling.
According to the Classified Information Procedures Act (section 7), the Fourth Circuit Court of Appeals would be required to hear oral arguments within four days of adjournment of trial and issue an opinion four days after that. However, because the appeal was not taken during trial, the court is not under the same time pressure but will probably act quickly all the same. I believe the trial court's decision was sound and should be upheld by the appellate court. I guess we'll find out soon enough.
The Washington Post seems to think that this appeal means the government has decided to forego a military tribunal, but I would not be surprised if the government changed its course after the Court of Appeals upholds the district court. Of course, if it succeeds, then there would be no reason to resort to a military tribunal. Again, we'll just have to wait and see.
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