mr. gray and mr. gray -- and they're mistaken and then we're going to just start charging police officers because they are making a good faith error, then we're going to wind up arresting a lot of police around here and i can tell you, i've talked to police as recently as an hour ago in baltimore who don't want to arrest anybody because they're worried they're going to get arrested themselves if there happens to be a bad stop or a bad seizure or a bad arrest which happens all the time in criminal cases. it's part of the process. the normal remedy is evidence is excluded and that is the attention against the police, not that the police get charged. this could set an incredibly bad precedence, what they're doing here. >> but andrew levy, police can lie about their good faith. that can be an after the fact lie about what actually happened. so where will this adjudication be made on this issue of good faith in terms of the knife? >> well, there are really two questions, what lawyers call a subjective test and an op objective test. if their defense was we believed that this was an illegal knife even if they were mistaken, they have to have generally sought that and the jury has to believe that they genuinely sought that. it has to be an objectively reasonable belief. it can't be just a ridiculous idea. but typically a jury will reject it iffite not what we would say, you know, objectively reasonable. >> that's all the time we have for tonight on this. andy, andrew, thank you both for joining us. >> thank you. >>> coming up next, breaking news from the "new york times" tonight, there are new details about the gunman involved in that texas shooting, and allegations that they are tied to the islamic state. >>> and last week was thug week on cable news. in the rewrite tonight, i will explain why there is absolutely no journalistic justification for the use of the word thug in describing what happened in baltimore last week. look l e this. feel like this. look like this. feel like this. with dreamwalk insoles, turn shoes that can be a pain into comfortable ones. their soft cushioning support means you can look like this. and feel like this. dreamwalk. if you struggle with type 2 diabetes you're certainly not alone. fortunately, many have found a different kind of medicine that lowers blood sugar. imagine what it would be like to love your numbers. discover once-daily invokana®. it's the #1 prescribed in the newest class of medicines that work with the kidneys to lower a1c. invokana® is used along with diet and exercise to significantly lower blood sugar in adults with type 2 diabetes. it's a once-daily pill that works around the clock. here's how: the kidneys allow sugar to be absorbed back into the body. invokana® reduces the amount of sugar allowed back in and sends some sugar out through the process of urination. and while it's not for weight loss, it may help you lose weight. invokana® can cause important side effects including dehydration, which may cause you to feel dizzy, faint, lightheaded, or weak especially when you stand up. other side effects may include kidney problems, genital yeast infections urinary tract infections changes in urination high potassium in the blood, or increases in cholesterol. do not take invokana® if you have severe kidney problems or are on dialysis. stop taking and call your doctor right away if you experience symptoms such as rash, swelling, or difficulty breathing or swallowing. tell your doctor about any medical conditions medications you are taking and if you have kidney or liver problems. using invokana® with a sulfonylurea or insulin may increase risk of low blood sugar. it's time. lower your blood sugar with invokana®. imagine loving your numbers. there's only one invokana®. ask your doctor about it by name. wait, what is that? a new outdoor cleaner from scotts - it's powered by oxiclean and it's chlorine bleach-free so it's safe to use around grass and plants. get scotts new outdoor cleaner plus oxiclean. clean your outdoor space. clean it. >>> for the first time the islamic state is claiming responsibility for an attack in the united states. and radio and internet messages, the islamic state says that the two gunmen from phoenix who opened fire outside of a mohamed drawing contest in garland, texas, were, quote, soldiers of them. now according to the "new york times," one of the gunmen, elton simpson's twitter contacts included a british fighter with the islamic state from syria and an american now in somalia who is regularly promotes the islamic state. both men regularly called for violence and they suggested the texas event as a possible target. u.s. officials say elton simpson expressed his support for the islamic state on twitter on sunday just before the attack tweeting may allah accept us as mujahideen. simpson's social media postings did attract attentions from the police and fbi last month, but they say he was never explicit about any attack planned and was not under can't surveillance. they noticed that nadir soofi spent time in the united states and pakistan as a child became more recently watched in the united states. joining us now, adam smith, a member of the house armed services committee and an msnbc contributor. congressman, has the islamic state finally reached in to the united states? >> well, it would certainly seem that way. that's always been a great threat and a great fear. back after 9/11, we identified the al qaeda leadership and there was a relatively finite group of people planning attacks against western interests. we could identify that network and go after it. what's happened since then is the moment has metastasized. and it is much more the lone wolf attack, individuals, just following them on social media and acting out. that is a much tougher thing to contain. that is a much larger group of people to keep your arms around. i think it's definitely a threat to the u.s. >>> steve clemens, a lot of debate today, is the islamic state really claiming credit for this? if they're encouraging people through twitter or other means to do this, people people who they don't necessarily have specific contacts with, it seems to me they get the credit. >> i agree with you. isis is in a competitive global branding campaign with other terrorists groups in the world trying to get people to mickic what the does, to pay homage to what it does and to inspire people to take actions that it instructs them to do from afar. so in that sense, they get credit. but it is not the same level as a deployment of someone who is well crafted and sculpted and trained by isis on-site and injected into american society to do tremendous demand. i agree with adam that it is something we should worry about. it's hard to sort of spot these lone wolfs or a couple wolfe attacks of this sort. but at the same time, it doesn't have the sophistication and impact of what al qaeda has been -- you know, their signature event. so to a certain degree, their levels of concern here that absolutely isis gets credit for this because it's in a global branding campaign and it's inspiring people to take these actions. >> so on april 23rd the "new york times" is reporting this is ten days before the texas attack, that one of the encouragers posted a message saying that the brothers from the "charlie hebdo" attack did their part. it's time for the brothers in the u.s. to do their part. specifically referencing the contest there to draw mohammed in texas? >> it speaks to the larger issue of the struggle. this is not just a fight against isis or al qaeda or boca haram. we need relationships within the moderate muslim groups to stop this ideology. it's one thing to try to stop an organized group that is exploiting a specific attack and sending somebody over. it's another thing to try to spot some lone person who is suddenly going to go radical. that ideology, it's going to take a much more comprehensive approach to defight that ideology. and i think working towards the muslim community is critical to that both in the u.s. and throughout the world. >> and the good news/bad news of this texas episode is the population around the area where this was taking place, they all knew about it, they were very well informed about it and their leader said just take it easy, this has nothing to do with us, let's just ignore it and they did. it took these guys coming over from arizona, that's the bad news, is that the local population's reaction to this is now not all that important when they can just come over from arizona. >> absolutely. and hats off to that community and to the mayor of that community who came out immediately and said we're not a -- they are don't have a majority ethnic group in that community. not white, not anything else. 24 114 languages. they basically said we are a tolerant community in texas that embraces all these cultures. they didn't necessarily support what pamela gutter's group was doing, but they certainly didn't support, either, the actions taken they say by these two men. so you've got an interesting episode where out of this, if you look at that community, there's a resilience that's extremely impressive and a mayor who stood up for the right thing in my view, which is to be tolerant, understanding, far beyond just the muslim community, but the rainbow of different ethnic groups in garland. >> thanks for joining us tonight and congressman steve smith please stay with us. but up next, how the brilliant amy schumer can be a more effective politician than her big cousin chuck schumer. ♪ ♪ when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead. the pursuit of healthier. it begins from the second we're born. after all, healthier doesn't happen all by itself. it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care... by connecting every single part of it. for as the world keeps on searching for healthier... we're here to make healthier happen. optum. healthier is here. let's take a look at your credit. >>i know i have a 786 fico score, thanks to all the tools and help on experian.com. so how are we going to sweeten this deal? 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if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. >>you did it, yay! >>> movie rewrite tonight, what i hope is the last word about "thugs." >> i'm a lifelong resident of baltimore. too many people have spent generations building up this city. for it to be destroyed by thugs. who, in a very senseless way, are trying to tear down what so many have fought for. >> a handful of protest -- a handful of criminals and thugs who tore up the place. >> when was the last time you used the word "gay" to mean happy? if you're under 80 years old, you've probably never used it that way. but we've all hard it used that way. ♪ i feel pretty oh, so pretty i feel pretty and witty and gay ♪ ♪ have your a merry little christmas ♪ ♪ make the yule tide gay ♪ >> "gay" is one of countless english words whose meanings have been changed over time by popular usage. gay transitions to mean homosexual or homosexualist which had been the kindest words used for gay people. the rest were slurs. during the 20th century, the word gay was transitioning, the african-americans watched the slow extinction of racial slurs in public usage. african-american rappers have taken use of the most common slur and used it in their own words, but white people never use it now not where african-americans can hear them use it. the slur has disappeared, but the usage hasn't. some african-americans are questioning have they found a new way to get away with it? the accepted way of calling someone else the "n" word these days. >> i grew up in a white irish neighborhood in boston where every little boy in my elementary school would have welcomed the label "thug." we prized nothing more than toughness. all the thugs i heard and knew about were white, including one whose nickname was whitey. so when i hear the word "thug" i still think whitey bulger. but last week, african-american suspicions about what people mean when they hear the word "thug" hit its peak. >> isn't it that right word? >> no. it's not the right world to call our children thugs. these are children who have been set aside, marginalized, who have had have not been engaged by -- >> but that does not justify what they did. that's a sense from right to wrong. they know it's wrong to burn down a cvs and an old person's home. i mean, come on. >> come on? calling them thugs? call them [ bleep ]. just call them [ bleep ]. no. >> i understand what politicians were trying to convey when they used the word thug. in that moment, they were trying to communicate with white americans, including white baltimoreans who don't trust them to do everything they possibly can to stop looting and rioting to stop order. the mayor now says she was speaking out of anger and frustration and she regrets using that word. >> i should not have characterized people's kids as thugs. it was -- i'm sure you understand how intense and what a pressure cooker this week has been and, you know, like i said, i certainly regret saying it. >> people complained about the mayor using that word and so she decided to stop using it. imagine bill o'reiley doing that. well, he did. he just didn't do it on tv. when bill o'reiley was a kid growing up on long island, the polite word for african-american was negro or colored by by the time he got to college, those words were being overtaken by black and african-american and it wasn't bill o'reiley's idea to stop using the word negro or colored, but he did. he stopped using those words because african-americans didn't want to hear those words any more. the transitions took a while. there were many people, white and black, who had groan attached to the old words and didn't see any reason to change them. but eventually, the words negro and colored stopped. so the question now facing bill o'reiley is how many african-americans have to complain before he stops using the word "thug"? >> these idiotic thugs rioting and looting -- >> is a point of cultural embarrassment for me to watch the great white fight for the right to use the word "thug" being led by irish americans at their cable news desks. erin burnett, bill o'reiley, megan kelly. >> i'm thinking thugs is not far off the mark. >> who appointed the irish, the judges of which words are racist? how did that happen? to my colleagues in the television news business, i beg you, beg you, when you're getting ready to use the word "thug" on national television, ask yourself, what the word "thug" adds to the discussion. while thugs burned, pillaged and plundered. >> the rioters and the thugs -- >> howie, you could have just said rioters. now, i know howie kurtz. i know he didn't mean anything racial by the use of the word "thug," but millions of african-americans don't know him and many of them might suspect that he just might mean something racist. so, again, to my colleagues in television news, please, please just stop and think about this. for just a minute. i ask a minute of your thought time. please ask yourself what word would a white racist use today on television, on your show, to describe those people we saw throwing stones at police last week and looting a cvs. what would be the first word of choice? for a virulent racist to use on your show about those people and know for certain that he or she could get away with using that word? it would be thug. you know it would be thug. and african-americans know it would be thug. so now you have to ask yourself, before you make your comments on national television how many millions of african-americans, how many millions of african-american kids are you willing to allow to suspect that you might be racist? how many? and here is what's so very nutty about this whole thing. you don't need to use that word that create that suspicion, the word that so many people on television seem so eager to use. we don't need that word. we don't need it. there is absolutely nothing that needs to be said about what has happened in baltimore that demands the use of the word "thug," nothing. so the good news is, we can just drop it, just like that. that's how easy it is to fix this problem of possible misunderstanding. we can just drop the word thug. we know how to do that. it's not hard. we now how to stop using words in certain ways or stop using them completely. forever. that is why no one is calling anyone who broke the law in baltimore a negro or a ruffian. if you continue to fight for the right to use the word thug on television, the one thing we can be sure of is it's not because we're trying to add to our understanding of the story. ameriprise asked people a simple question: can you keep your lifestyle in retirement? 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