23:1–2 The council thinks it has enough evidence to bring Jesus before Pontius Pilate and lodge formal accusations against him. Only the Roman authority could condemn a person to death (John 18:31; Josephus, Jewish Wars 2.8.1). Pontius Pilate was prefect of Judea (AD 26–36). The council files three charges against Jesus. First, he has misled the nation, which means that he is a troublemaker and a social agitator unsettling Jewish society (the same accusations made later against Paul; Acts 24:5). Second, like Judas the Galilean, he allegedly has said that taxes should not be paid to Caesar. Luke does not mention this charge in the questioning before the Jewish authorities (Luke 22:66–71), but we recognize that the account is abbreviated and focuses on Christological matters. We also know that the accusation about not paying taxes is false, a distortion of what Jesus has actually taught (cf. 20:25). The third and most serious charge is that Jesus claims to be a king, the Messiah. The accusation is serious, for a king would be a rival to Caesar (cf. John 19:12), and the Jews were known for their political volatility, culminating in war against Rome (AD 66–70). Thus the accusation will certainly get Pilate’s attention. As the Christian movement continues to grow, fear of another king will continue to create tensions with Rome (Acts 17:7).

23:2–5 Luke focuses on whether Christ is “the King of the Jews,” and thus Pilate asks him as much; Jesus’ alleged status as king would be the most important issue for Rome. Jesus replies with a singular “you,” saying that Pilate identifies him as such. Jesus in effect forecasts what will happen: Pilate will put Jesus to death on the charge that he is a king. At this point, however, Pilate desires to release Jesus, saying that he finds no basis or grounds for the charges against him. Luke introduces an important theme of the passion narrative here, for Pilate repeatedly declares in his official capacity as prefect that Jesus is innocent (cf. also Luke 23:14, 22). Jesus’ death, then, is a remarkable miscarriage of justice (cf. Acts 3:13). This is also perhaps an allusion to Isaiah 53:9, in which the servant is put to death even though “he had done no violence, and there was no deceit in his mouth.” The chief priests and crowds are insistent, protesting that Pilate does not know what he has on his hands. Jesus may look innocent enough, but he is causing social unrest through his teaching in Judea and Galilee.

23:6–9 Pilate, upon finding that Jesus is from Galilee, sends him to Herod Antipas (r. 4 BC–AD 39), who has jurisdiction over Galilee. We are not told why Pilate sends Jesus to Herod. He likely does so to “get his opinion and advice on the matter.”283 Herod is delighted, for Jesus’ reputation is well known in Galilee, and Herod has wanted to see him for some time. Now he can see a miracle, sign, or wonder performed by him (cf. Luke 9:9). Jesus does not cooperate with Herod, however; he does not respond to his questions or perform a miracle. His silence creates dramatic tension. “Herod has no power over someone who remains silent,” and the silence also “has a symbolic effect: the visual and acoustic vacuum created mirrors the spiritual blindness and deafness of Herod and the accusers.”284 Jesus’ silence also shows that he is the silent servant of the Lord of Isaiah 53:7. Herod is part of an evil generation that wants to see a sign or wonder (cf. Luke 11:16, 29), but Jesus does not work miracles for amusement. He has nothing to say to someone who is not truly seeking the Lord, as is evident in the case of Herod, who had executed John the Baptist (9:9).

23:10–12 The chief priests and scribes are worried that Jesus might be released, that all their efforts might be in vain, and thus they press their accusations vigorously against Jesus, which fits with their long-standing opposition to him (cf. 6:7; 11:54; 14:1; 20:20). Since Jesus does not say or do anything, Herod and his soldiers ridicule and mock him, thus fulfilling prophecy (18:32). They apparently find the whole affair to be quite amusing, sending back Jesus in robes befitting royalty—although, unbeknownst to them, Jesus is a king. They mock the one and only true King. We do not know why Herod and Pilate were angry with one another before this time, but their friendship is reestablished in a conspiracy of evil. They fulfill Psalm 2:2: “The kings of the earth set themselves, and the rulers take counsel together, against the Lord and against his Anointed.” After quoting Psalm 2:1–2 Luke picks up this theme in Acts: “Truly in this city there were gathered together against your holy servant Jesus, whom you anointed, both Herod and Pontius Pilate, along with the Gentiles and the peoples of Israel, to do whatever your hand and your plan had predestined to take place” (Acts 4:27–28). The death of Jesus is not an accident but takes place according to God’s plan, according to the Scriptures.