The 11 Show, starring me, post Petraeus Fall From Grace Election edition, today at 11 Eastern. I will discuss the election, the "fiscal cliff" nonsense, the "no mandate" nonsense and the amazing fall of the greatest American who ever lived (yes, that is snark.) How to Listen Your options to listen LIVE:

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Open Thread.

A 17 year old student was in a juvenile detention center Sunday night after wearing a joker mask to a Colorado Century movie theater in Boulder. He didn't have a weapon or make any threats, but 5 patrons were scared enough to leave and call 911, which police say is enough for 5 misdemeanor menacing charges.

Menacing (18-3-206)

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed: (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Police say the student knew about the Aurora theater shootings which occurred while the Dark Knight was scheduled to be shown. Is that enough to show he knowingly placed people in imminent fear of bodily injury? Probably. [More...]

It's not quite evening here, but it is on the East Coast. Either way, it's time for an open thread, all topics welcome.

Jill Kelley, 37, of Tampa, Fla., an unpaid State Department liaison to the military's Joint Special Operations Command, located at MacDill Air Force Base in Tampa (also home to the military's Central Command) has been identified as the woman who reported receiving threatening e-mails from Paula Broadwell.

Kelley and her husband are friends with Petraeus and it doesn't seem like they were having an affair.

While Colorado Governor John Hickenlooper and state Attorney General John Suthers make telephone calls to DOJ, three of our Congresspersons are taking action instead of waiting for answers from the Justice Department on Colorado's newly passed Amendment 64. (Amendment 64 legalizes adult possession of small amounts of marijuana, creates a regulatory scheme to license growers and retail outlets and imposes excise taxes on wholesale sales. The text is here.)

Rep. Diana DeGette says she is putting the final touches on a bill that would amend the preemption section of the federal drug law to add a clause that excludes state marijuana laws. The Denver Post, in an editorial, applauds her for taking action and for urging the Justice Department to "show restraint." Reps. Jared Polis and Ed Perlmutter are also working, with DeGette and independently, on federal bills that would allow Amendment 64 to proceed, rather than waiting for an answer from D.O.J. [More...]

Rep. Perlmutter's spokeswoman told the Colorado Independent:[More...]

Marsha Hunt, the mother of Mick Jagger's first child, Karis, is broke and has decided to let Southby auction 10 of his love letters to her written in 1969. Jagger was in Australia filming Ned Kelly at the time, and it's also where he wrote Brown Sugar. Hunt was the inspiration for Brown Sugar, and a star in her own right.

The letters will be sold as one lot at Sotheby's on 12 December and carry an estimate of £70,000-£100,000. Hunt said if she hadn't been hard up she would have happily offered them to have a public institution but she hopes the letters will correct some of the misinformation there has been about Jagger and that time. [More...}

The David Petraeus story grows: An undisclosed woman started the FBI investigation when she reported getting threatening emails which came from David Petraeus' e-mail account. The e-mails had been sent by Paula Broadwell from Petraus' G-Mail (not CIA) account, reportedly because she thought the woman was getting to close to Petraeus. Woman #2 is neither a family member or government employee.

If this is all about jealousy, the Gin Blossoms could be the official band for Petraeus and Broadwell: Found Out About You; Follow You Down and Till I Hear it From You. They are playing Monday night in Denver (Lakewood) at The Grizzly Rock -- and free admission and no cover.

Washington's Initiative 502, which decriminalizes adult possession of up to one ounce of marijuana, is already having an effect. Today, the elected prosecutors of Washington's two largest counties, King (which includes Seattle) and Pierce, announced they will dismiss more than 220 pending cases with marijuana possession charges. They have decided to apply I 502 now, rather than wait until the Dec. 6 effective date:

"I think when the people voted to change the policy, they weren't focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense," [DA]Satterberg said...."There is no point in continuing to seek criminal penalties for conduct that will be legal next month."

Seattle police and the King's County Sheriff also announced they will immediately cease arresting people for personal possession of less than an ounce of marijuana.

Today's picks (all 2 units):

Washington State +16 over UCLA, Mississippi State +15 over LSU, Boston College +19 over Notre Dame, Washington +1 over Utah, Boise State -29 over Hawaii, Oregon -28 over California, Kansas State -7 over TCU, South Carolina -14 over Arkansas, Texas A&M +14 over Alabama, Penn State +9 over Nebraska, Louisville -2 over Syracuse, Rutgers -17 over Army, Oklahoma -21 over Baylor, Northwestern +10 over Michigan, Texas Tech -26 over Kansas, Missouri +3 over Tennessee, Auburn +15 over Georgia, Arizona -29 over Colorado, Mississippi -3 over Vanderbilt, Miami (Florida) +1 over Virginia, Oklahoma State -10 over West Virginia, Stanford -4 over Oregon State, Indiana +7 over Wisconsin.

Open Thread.

CIA Director David Petraeus has resigned after the FBI (apparently inadvertently) discovered he is engaged in an extra-marital affair. From his resignation letter:

“After being married for over 37 years, I showed extremely poor judgment by engaging in an extramarital affair,” Mr. Petraeus said in his statement, expressing regret for his abrupt departure. “Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours. This afternoon, the president graciously accepted my resignation.”

Why does an extra-marital affair compromise his position as CIA Director?

By acknowledging an extramarital affair, Mr. Petraeus, 60, was confronting a sensitive issue for a spy chief. Intelligence agencies are often concerned about the possibility that agents who engage in such behavior could be blackmailed for information.

Doesn't sound like much of a reason to me. Is this really about his affair? [More...]

Is America ready for the next generation of Bush family politicians? Here comes George P. Bush, son of Jeb and Columba Bush, and brother of Noelle and John W. Bush. He has one thing in common with his uncle GW: a "youthful indiscretion" which didn't make it to the criminal justice system. (police report here.)

George P. Bush might be a hunkalicious young Republican, but he still seems a bit creepy. So TSG wasn't too surprised to learn that "P" was involved ina troubling 1994 incident described in this Metro-Dade Police Department report. On December 31, 1994, Bush showed up at 4 AM at the Miami home of a former girlfriend. He proceeded to break into the house via the woman's bedroom window, and then began arguing with his ex's father. Bush, then a Rice University student, soon fled the scene. But he returned 20 minutes later to drive his Ford Explorer across the home's front lawn, leaving wide swaths of burned grass in his wake. Young Bush avoided arrest when the victims declined to press charges.

This is an open thread, all topics welcome.

Jim Letten, the U.S. Attorney for the Eastern District of Louisiana (which includes New Orleans) today announced the demotion of his First Assistant and Chief of the Criminal Division, Jan Mann.

The news came six days after landfill magnate Fred Heebe alleged in a civil suit that Mann had repeatedly used an online alias to slam him and other federal probe targets in comments posted on NOLA.com. Mann's demotion marks the second high-profile takedown of a federal prosecutor engineered by Heebe, who in March unmasked Sal Perricone, the office's senior litigation counsel, as a prolific and intemperate online ranter.

The Complaint in Heebe's lawsuit against Mann, filed in state court, is here. Among Heebe's lawyers filing the suit: Brendan Sullivan of Williams and Connelly.

How Heebee's attorneys linked the online comments posted under a pseudonym to Mann: They used a forensic linguist, who found numerous identical typographical errors in the online comments, pleadings Mann filed in court and e-mails. For example, there were multiple instances in which the online comments and Mann's pleadings contained an extra space after a quotation mark and before the final punctuation mark. Other similarities included the lack of spaces before and after the dots used to designate an ellipsis. (See the complaint if this sounds confusing, I may not have this exactly correct.) [More...]