The Fourth Circuit Court of Appeals has dismissed the Government's appeal of the Moussaoui trial court judge's order allowing him to interview alleged al Qaeda member Ramzi Binalshibh.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., threw out the appeal on a technicality. It ruled that the Justice Department was premature in appealing the trial judge's order allowing Moussaoui to question Sept. 11 organizer Ramzi Binalshibh through a remote video hookup.

The appellate judges said U.S. District Judge Leonie Brinkema's order "clearly is not a final one," because Moussaoui has yet to stand trial. The judges said that appeals courts have jurisdiction only to hear appeals from final orders.

Our take: Get ready for the Government to dismiss the federal action and declare Moussaoui an enemy combatant, move him into military custody, and subject him to interrogation before providing him with a military tribunal trial at which the Government will be seeking the death penalty.

On another matter, our hosting company went down this morning for about an hour and we just got back up. We apologize for any inconvenience.

Update: The Moussaoui decision is here.