John 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." [Note: Blum, p. 338.]

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 ill advised 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 (Matthew 27:19).