The Miers nomination seems such a strange choice — sure to upset both right and left, with no obvious benefit to the White House in doing so — that I’ve found myself wondering if the widely reported White House jitters about the upcoming close of the CIA leak investigation might have something to do with this pick.

It’s just a wonder. But a friend who has the same wonder, and who has also been following the CIA leak case super closely, notes the following: Special Prosecutor Patrick Fitzgerald is thought to be pursuing “charges of a criminal conspiracy perpetrated by a group of senior Bush administration officials,” according to The Washington Post. And if senior Bush officials are indicted, it could raise constitutional questions, which would have to be resolved by… The Supreme Court.

(1) bushco knows that the fitz indictments are likely to raise unsettled constitutional questions (who can be indicted, what happens, when, where, congress’ role, fitz’s powers, etc.) (2) these questions will ultimately be resolved by the supreme court (3) o’connor’s seat is the one that tips the balance (4) he’s appointing A CRONY WHO IS THE WHITE HOUSE (HIS) LAWYER!