Are you kidding? Emerson is one of the most nuanced actors out there and deserves much more praise than he gets. I should be disappointed that the Lost castaways have shifted out of the spotlight because of his character, but Emerson is such a revelation as Ben Linus that his centric episodes are easily among my favourites. As a Batman villain, though, I don't know. Outside of the baddies done in the Burton/Schumacher films, I'm not up on the Batman villains.Emerson, frankly, isn't that good of an actor.
Fichtner is phenomenal. He has such a unique look - you don't know what's happening behind his eyes. Like Emerson, you know an actor is great when they enter a TV series mid-run as a main player and succeed beyond expectations. Maybe it's a stretch, but is there any potential for his Dark Knight character to evolve into a villain? He didn't explicitly die, did he?I think Emerson would rock, as well. But a far more interesting choice could be William Fichtner--an actor you've probably seen dozens of times but whose name you might not recognize. He's currently part of the Prison Break ensemble. He had a small part in TDK as the doomed shotgun-firing bank employee. Etc. Very subtle actor, capable of playing anything from psychos to sympathetic leads.
Interesting question. What was that, a smoke grenade placed in his mouth? You'd have thought it more like the Joker to place real grenade there. So, why not...unless maybe you're right? That would be something, wouldn't it? Go, Billy Fichtner!