Okay that's fine if that's the answer, but really I already know the answer to the question that I'm asking I just wanted to ask just to see if anybody would just come flat out and say it. The answer of course is that it's just a poorly staged scene, it's impossible, it can't happen, and that scene was just Nolan's poor attempt to create an internal surprise moment for the Joker and also an external surprise moment for the audience that pushes the realm of believability and I think that anybody who sees that poorly executed scene and tries to defend it is in denial.... For all we know, he may have only just arrived at the moment he started speaking.
That movie also has some severe editing problems, some severe gaps in logic and some real heavy handed writing and what I saw another poster here refer to as "spoon feeding" to the audience. I think people see those issues but they're just so ready to embrace this thing as though it's the pennacle of motion picture achievement they're ready to ignore those problems and give Nolan a "free pass" on some areas that I (and others) consider to be really shoddy looking filmaking for a director of his caliber.
Which brings me to the OP's original question, "where does most of TDK's critisism come from"?....of all those options he provided for us to vote from he forgot the one single BIGGEST option for people to vote from....
"People who don't believe the hype"
Hype,... hype around a movie that has people using words like "masterpiece,"... hype that has people saying things like "it's a modern day tale of tragedy" and comparing that movie to Shakespearian works,... hype that has people talking about that movie in the same sentence that they talk about 'The Godfather' and 'Silence Of The Lambs',.. hype that has people talking about how that movie got "snubbed" at the Oscars and should have gotten the Oscar nom (and win) for Best Picture and Best Director.
No I'm not saying that TDK is a bad movie and surely it's better than a lot of other so called comicbook movie fare, but I believe that a lot of the critisism comes from people (like me) who may have enjoyed it but we (me) just don't believe that it was some kind of magnificient, marvelous, magical movie going experience that has reshaped motion pictures forever the way some people are making it out to be.
That's where most of the TDK critisism comes from...it's coming from people who don't believe the hype.