Luke alone recorded this aspect of Jesus' Roman trial. He probably did so because Herod Antipas found no basis for condemning Jesus either. Thus Luke cited two official witnesses to Jesus' innocence for his readers' benefit (cf. Deut. 19:15).
23:8-9 Luke had previously mentioned Herod's interest in seeing Jesus (9:9). He clarified here that his interest in Jesus was only as a miracle worker. He had no interest in talking with Him about spiritual matters. It was evidently about His miracles that Herod questioned Jesus. Jesus did not respond because Herod had rejected the implication of His miracles, namely that Jesus had come from God with a message for humankind. Herod had made his feelings toward prophets clear by decapitating John the Baptist. Jesus had nothing to say to someone such as this.
"Jesus' exousia[authority] also manifests itself in the political realm. This is most evident in Luke, which alone of the gospels records two rebuffs of Herod Antipas, Jesus' political sovereign in Galilee (Luke 13:31-32; 23:6-12)."498
23:10-12 The accusations of the Jewish leaders (cf. 22:66) and the insult that Herod must have felt at being rebuffed resulted in more contempt and mocking for Jesus (cf. Isa. 53:7). This shows Herod's true attitude toward Jesus.
Herod put an elegant (Gr. lampros, cf. Acts 10:30; James 2:2-3; Rev. 15:6; 19:8) robe over Jesus that implied His royalty, but he sent Him back to Pilate as a king in bondage to Rome. This may or may not have been the same robe that Pilate's soldiers later placed over Jesus after beating Him (Matt. 27:28; Mark 15:17; John 19:2). Perhaps it was this touch especially that united Pilate and Herod. They were two rogues who could at least agree to humiliate a pretender to the Jewish throne (cf. Acts 4:25-28). Luke did not record any judicial opinion that Herod may have sent back for Pilate here, but the implication is obvious that he viewed Jesus as a harmless phony. Pilate later announced Herod's verdict to the people (v. 15).
