The 4th Circuit Court of Appeals has ruled in the Zacarias Moussaoui case, splitting the baby:

For the defense:

The government had asserted that Brinkema, in Alexandria, Va., exceeded her authority by ruling that Moussaoui - an acknowledged al-Qaida member - could have access to three prisoners from Osama bin Laden's terrorist organization. The three-judge panel of the 4th U.S. Circuit Court of Appeals rejected the government's argument. Rather, the judges affirmed the trial judge's findings that "the enemy combatant witnesses could provide material, favorable testimony on Moussaoui's behalf."

However, the appeals judges rejected Brinkema's view that it was not possible to craft a compromise - saying that written statements from the prisoners could substitute for direct questioning of the witnesses.

For the Government:

Judge Brinkema sought to punish the government for refusing her orders allowing access to the prisoners - barring all evidence related to Sept. 11 and also banning the death penalty, which the government said it would seek if Moussaoui was convicted. The appeals judges rejected the sanctions.

You can read the opinion here.