Unnecessary Recklessness
Innocent - Prior to AvX, each and every action scott took was calculated. He took risks, but those risks always had major goals behind them. Osborn was in charge of Shield and the weight of the organization was being levied against the remaining mutants. Scott basically forms his own mini-country and declares it outside Osborns jurisdiction and defends it. Scott was the man with the plan during the majority of this time period, Logan said at one point that he would gladly follow Scotts lead, and Magneto praised him for uniting Mutants in a way neither he or Charles ever could. The real case of recklessness can be found in AvX....the Phoenix is coming to Earth. Scott believes that it is here to "fix" what the Scarlet Witch broke in House of M. He knows the Phoenix. It is a life force, known to burn away what does not work, and to work towards the continuation of life. The X-men have had several encounters against it gone out of control...but its also been shown to be controllable. Rachael Grey had been a host to part of it for years and not once went dark. Hope was the first mutant born after M-day...and when she returns she begins off and on manifesting the Phoenix. Immediately at the end of Second Coming the 5 lights emerge, and Hope displays the ability to stabilize the x-gene. Nothing the scientific or mystical powerhouses of the Marvel Universe had been able to find a way to reverse M-day...Hank had basically given up hope for the race, even Magneto had accepted the end of mutant kind before he learned Hope was alive. Scott didn't. He worked to make sure there was a race to be revived when the Phoenix came to undo "No More Mutants". The Avengers wanted to prevent it from arriving at all costs, even going far enough to actually try to destroy it. Imagine if this was the House of M universe and the phoenix was coming to keep the human race from being extinct, while Mutants would continue to flourish, could you picture the Avengers not attempting to save the race?
The destruction and death caused by the phoenix was a self-fulfilling prophecy....It was coming to undo M-day...Scott Summers was right in this regard. But the Avengers and Wolverine believed it was a threat that had to be stopped. Their interference caused the phoenix to split into individuals not prepared to handle it. but the first thing those individuals did was remove world thirst, hunger, energy shortage, and various other things. The Avengers then spend their time trying to find ways to fight/kill those 5....which is what cases the 5 to start going on the offensive against them, until a point was reached where the phoenix started going dark and the 5 could no longer control themselves.
It could be argued that having faith in the phoenix was reckless...but if the shoe was on the other foot, do you think the other marvel heroes might not try a "reckless" plan if it was seen as the ONLY want to save a people?
- "Bad" Leadership
Innocent - if there is a single leader of the X-men who was good, its Cyclops. He brought them out of some of the darkest times mutant kind has faced. The race was essentially dead. No new births, 90% of population de-powered or dead, and the rest of the world either actively trying to kill off the last remaining few, or complacent in letting them die out naturally or be killed by the previous group. Most of the other characters eventually gave up hope about the chances of mutants kinds survival. He didn't. He lead them, made a safe haven for them, and protected them from all threats (including the US government under Osborn) and made sure there was a species left to save when Hope returned. Those times meant tough decisions had to be made. Good leaders make those decisions, bad leaders hesitate and get more people killed.
- Child Endangerment/Deaths
Innocent - No one was outright forced into serving. Living on Utopia was a choice, and considering how many people were out to finish of the mutants after M-day...EVERY child with an X-gene was in danger. They had to learn to protect themselves because as Pixie discovered when she tried to leave, there were plenty of people who would straight up attack a mutant, child or not, just for being what they are. Him training young mutants to fight was necessary for their own protection. Utopia was a place where mutants who couldn't fight back could be protected. During several attacks groups of young mutants were kept inside while the combatants kept them safe. What happened with Oya was a unusual situation...the X-men protecting the students at the museum are disabled. Wolverine is to far away because he was drinking, Cyclops was not on scene...the Hellfire club was going to kill several team-members along with civilians. Oya was literally the only person present with even a chance of stopping what was going to happen. She could either leave and save herself...or fight. Scott told her to "do what she has to do". Oya was put in an extreme situation, but by the Hellfire Club...not Scott. Had there been ANYONE else there who could have done something, Scott would have asked them to do it. There wasnt.
- Arrogance
Mistrial - it can be argued very easily that Scott is arrogant. Especially considering his current actions as a Mutant-Revolutionary. His reason for accepting Magneto and Illyana's breakout after AvX was because he saw that the mutant race still faced threats, and felt that he had to help them, because he felt no one else would do what had to be done. Up until a certain point he felt he had accomplished his mission. The faith he kept in Hope and the Phoenix paid off at the end of AvX when the Mutant race was restored. He was prepared to simply die in prison. But visits from Sinister, the murder of a Mutant inmate, the fact that Wolverine was still working closely with the government and running the school convinced him that he still had work to do. He felt there was no one else who could do what he felt necessary to help the newly restored mutant race find peace. Magneto was still looked at as a villain even when he was working with the X-men, Emma was captured....Xavier dead, Storm and Logan working with the government and the school....he felt there was no one else but him who could be out there getting his hands dirty to protect the newly emerging mutants. This could be considered as arrogance...that he views himself as the only one who can do this, and do it right...but at the same time...who else was there honestly. He was right...new mutants were having guns put to their heads, but there was no one there to protect them.
-Failing to keep the X-Men together
Innocent - I would argue this is not even a real charge. Utopia was never a prison or an army. It was a sanctuary. Anyone was allowed to leave whenever they wanted. When the Super-sentinel came...wolverine wanted to abandon ship, and went so far as to rig the entire island to blow to force everyone off. But the students, Oya included, instead rallied to fight and defend their sanctuary while Scott made sure Logan didn't blow the place up with everyone still on it. People have left the X-men multiple times in the past under basically every leader it has ever head. The schism was just the largest such event, and was lead mostly by two people who had EXTREME personal grudges against Scott. Hank deplored the idea of X-force...but he joins up with Wolverine who not only lead the team, but REMADE it after Scott ordered it disbanded. Wolverine hated the idea of training young mutants and turning them into soldiers...when the X-men have ALWAYS been partially about training mutants to control their powers and give them the tools to defend themelves and others.
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