Originally Posted by DrCosmic
This is not a feasible scenario. No court tries people when the basic facts of the situation is too classified for the jury to hear. Plus, after everyone knows aliens exist and have incredible capabilities, the ability to judge their ability to do mind control is far out of any civilian's skillset. Hawkeye, even if SHIELD made no intervention whatsoever, would be tried by military court. If he was following orders to the best of his ability, which he was, then he would be fully acquitted. If the prosecutors could prove that it was a war, which it was, he would be acquitted. Unless he showed significant mental instability, he'd be free to go. The only way he'd do jail time is if SHIELD intentionally made sure that he did, which, if his fate is decided after Redford takes over, could possibly happen.
I personally would prefer a self imposed exile due to his guilt and frustration. If he had become a criminal in the depths of his depression and self loathing, that could be interesting as well.
I do like that idea. Clint dabbled in the wrong side of the law on more than one occasion, and for a long time, headed up the T-bolts, a team of (alleged) reformed villains. If he shows up in AOU on the "wrong side," at least temporarily --- alongside, say, the Maximoff sibs --- it'd be fine with me.
Originally Posted by metaphysician
It still strikes me as largely a "house that jack built" justification for the a priori goal of "Hawkeye not being part of SHIELD."
And that's just it....Hawkeye *doesn't* need to be part of SHIELD anymore. None of them do. After CATWS, I'll bet five million Internet dollars that Steve Rogers and Natasha Romanoff won't be, either.
The Avengers don't belong to SHIELD. They are opposed to SHIELD.