Originally Posted by CoherentChaos
Who's to say then that Black Widow's not a liability too since she could still easily be bought out by the opposition, whomever that may be. Hell, they might even play with that idea a bit in Winter Soldier. But regardless, the Director of SHIELD apparently trusts her enough to keep her on board despite her questionable background that was completely devoid of mind control.
Speaking of mind control...
I would hope that Fury recognizes the circumstances of Barton's sudden 'mental weakness'. Which in reality was nothing like getting drunk, and nothing like a lapse in good judgement. We are talking about a cosmic level device of alien origin that is capable of COMPLETELY ENSLAVING AN INDIVIDUAL TO THE USER'S WILL. Fury even saw the process with his very own eye. Legal systems probably won't recognize alien mind slave devices, but Fury's whole agenda in Avengers was to be prepared for such outlandish situations. And guess who's pulling the strings here?
Regardless of what the legal systems are like in our world our theirs' I highly doubt that Fury would let Barton go on trial for such a thing, even if the World Council themselves ordered it. Fury cuts corners to fit his sense of justice, not a sense of legal process. For goodness sake's he shot down one of his own planes because he disagreed with the plan.
So unless they cut out Fury's control or bastardize his character, we won't be seeing Barton on trial or imprisoned. It will be swept under the rug, much like many of SHIELD's operations. They are the epitome of shadow agency and I very much believe they can completely and will completely reprieve Barton of any perceived war crimes.
Pretty sure that everything in the CATWS trailer and set pics indicate that Fury loses a LOT of control in that movie. It's pretty evident that the main thrust of the story there involves a massive shakeup in SHIELD's power structure, with Fury being literally under the gun, and it probably directly relates to his "insubordination" during The Battle of New York.
In any event, I'm just trying to come up with a simple, logical excuse for Hawkeye's complete absence in the Phase II movies (every other Avenger, and practically every other major character from that movie, rates at least a cameo in a Phase II movie, but not Hawkeye....?), and an excuse that provides for a pretty cinematic reintroduction to Clint in Avengers 2, featuring the Avengers leading a jailbreak to bust him out for a shot at redemption.
What would *you* guys prefer? That they just say, "oh, he's been off on a mission somewhere" and leave it all offscreen? That's
sweeping Hawkeye under the rug. That's lazy writing. And that's boring as hell.