Today's indictment seemed designed to be insulated from Judge Robertson's charge.

"At the time, it was thought Governor Rowland had a very bright future following his years of public service," Judge Robertson said.

As such, Judge Robertson wrote, the Special Division "may interpret the independent counsel's original grant.

Mr. Rowland appointed Judge Robertson to the bench last November.

He also said that although Judge Robertson told him about deferred payments, he never said anything about reduced rates.

The Justice Department has intervened in the case, taking a middle-ground position about the ruling by Judge Robertson.

"Its judges are independent, appropriately cleared, experienced in intelligence matters, and have a perfect security record," Judge Robertson said.

Legislators have postponed indefinitely a vote on Judge Robertson's confirmation, saying they needed time to digest the new information.

A phone message left at Judge Robertson's residence was not returned Wednesday night.

In his unclassified opinion, Judge Robertson wrote: "Associations alone are not enough, of course, to make detention lawful."