John condensed the scene in which Pilate declared Jesus innocent, the Jews accused Jesus further, Jesus replied nothing, and Pilate marvelled at Jesus' silence (Matt. 27:12-14; Mark 15:3-5; Luke 23:4-6). He simply related Pilate's verdict (v. 38b). John also omitted the account of Jesus' appearance before Herod Antipas that followed this verdict and preceded Pilate's offer to release Barabbas in Jesus' place (Luke 23:6-12). The result of this selection of material is that John kept the focus of the reader's attention on Jesus and Pilate.
18:38b Pilate returned to the Jews who had assembled outside his headquarters and announced his verdict. Jesus had done nothing worthy of punishment by Rome (cf. Luke 23:14). He was guiltless of any activity that constituted a threat to Rome. Apparently Pilate concluded that Jesus was not a king in the normal sense but simply an idealist. This witness to Jesus' innocence was another important testimony in view of John's purpose in this Gospel (20:30-31).
18:39 "Having displayed a lack of interest in truth, Pilate then revealed a lack of commitment to justice. He lacked the courage of his convictions. If Jesus was innocent of all charges, then Pilate should have set Him free. Instead, Pilate began a series of compromising moves to avoid dealing with an inconvenient truth in a difficult circumstance. First, when Pilate found out Jesus was from Galilee, he sent Him to Herod (Luke 23:6-7). Second, Pilate tried to appeal to the crowd (John 18:38), hoping to bypass the desire of the chief priests and elders."559
Why did Pilate refer to this custom rather than simply releasing Jesus? Apparently he referred to it to draw attention to his generosity in releasing Jesus. He wanted the Jews to realize that He was being good to them by honoring this custom. However, Pilate made a horrible mistake by referring to it. He opened the door to the possibility that the Jews did not want him to release Jesus. They would not accept Jesus as the prisoner whose release would make it possible for Pilate to honor their custom. By referring to Jesus as the King of the Jews Pilate was further insulting the Jewish leaders. They had rejected the idea that Jesus was their King. His own greedy question set himself up for rejection.
About this time Pilate's wife warned him to have nothing more to do with Jesus because He was a righteous man (Matt. 27:19).
18:40 John described Barabbas as a robber (Gr. lestes, lit. one who seizes plunder). However, Barabbas seems also to have participated in bloody insurrection as a terrorist and guerrilla fighter (cf. Mark 15:7). The chief priests normally had nothing to do with Zealots and other freedom fighters who sought to overthrow the Roman yoke violently. However here they preferred such an individual to Jesus who had not actively opposed Rome but whom they regarded as a threat to their security. The irony of their decision is obvious to the reader and must also have been obvious to Pilate. Evidently Barabbas had a popular following among the people, as Jesus did, but for different reasons.
The release of a proven enemy of Rome, which John did not record, showed Pilate's poor judgment. This decision would not have stood him in good stead with his superiors. Evidently it was the pressure of the Jewish mob that encouraged him to act against his own as well as Jesus' interests.
