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In Acts 5:33-40, the Sanhedrin convenes to attempt to stop the apostles from preaching in the name of Jesus.  Earlier, they had imprisoned the apostels and forbade them from teaching in the name of Jesus (Acts 4:3,18).  However, the apostles were let go and continued their work and ministry.  The apostles were imprisoned again (Acts 5:18), but, they were miraculously delivered by an angel of the Lord (Acts 5:19).  They went to the temple and continued preaching the gospel.
The Sanhedrin met and sent for the apostles to appear before them.  They found out that the apostles had been freed from prison (Acts 5:25) and were teaching in the temple.  The captain of the temple with his officers went to the temple and brought the apostles to the council (Acts 5:27).  An exchange of words occurred between Peter and the high priest.  Peter resisted the authority of the council and boldly declared that the apostles would obey God rather than men (Acts 5:29).  The council was infuritated and took counsel to kill the apostles (Acts 5:28-32).
At this time, Gamaliel stood up to give his advice to the council.  Gamaliel was a Pharisee.  The Pharisees were a Jewish sect that insisted on the strictest observance of legal regulations and, also, the traditions that added a mass of regulations to the Mosaic Law.  Gamaliel was a teacher of the law of  Moses and was held in honor by all the people.  Saul (Paul) studied under him in Jerusalem (Acts 22:3).  Gamaliel was a member of the Sanhedrin.  The Sanhedrin was the highest Jewish court comprised of 70 members who belonged to the Sadducees (another Jewish sect that denied the existence of angels and  the resurrection) and Pharisees.
Gamaliel addressed the court without the apostles being present.  First, he related two historical incidents of uprisings and, then, he made an application to the present situation.
The two historical cases of uprisings that Gamaliel mentioned involved men by the name of Theudas and Judas.  Theudas was a man of self-proclaimed importance.  He had a following of 400 men.  But, they were all dispersed and came to naught following his death.  Judas (Acts 5:37) was a Galilean who made an uprising in the days of the enrollment for taxation (Luke 2:1-2).  His rebellion was greater than that of Theudas, but, he, too, perished and his followers dispersed.
Gamaliel made an application to the present circumstances involving the followers of Jesus Christ (Acts 5:38).  He said, “And as to now…”  His application is faulty for the primary reason that neither Theudas nor Judas arose from the dead.  But, Jesus did!  The historical incidents are not parallel to the present circumstances.
Gamaliel made two conditional statements.  The first statement was, “If this counsel or work be of men, it will come to nought.”  This is a third class conditional statement and indicates that Gamaliel felt it was very unlikely.  The second statement was, “If it be of God, ye cannot overthrow it; lest haply ye be found even to fight against God.”  This statement is a first class conditional statement and is the more likely to be true.
Every religion built by men will be overthrown.  This is true, but when?  It may be that it would not be overthrown in their lifetimes and so the truthfulness or falsity of the religion would be undecided.  Can we sit down in indecision until this final proof is produced?  Is there a better way to detemine whether a religion is true or false?  The second alternative also is flawed.  If it be of God, ye cannot overthrow it.  If they wait until the final proof is made according to time, then, they may miss the blessings of believing.  The waiting game puts their own souls in jeopardy.  The implication of Gamaliel’s counsel is that God has not provided enough information to determine the truth about Christianity.  We must wait and see the fate of any religion before we can determine whether or not it is of God.  Gamaliel belongs to that class of men where the most convincing evidence is unconvincing.  He belongs to the class of unbelievers.  He knows Jesus was resurrected from the dead!  Yet, he is still in denial.
Gamaliel’s counsel is the counsel of indecision because it is based on unbelief.
Time will tell or truth will tell?  Truth is a better basis upon which to decide the legitimacy of any religion.  Deciding for Jesus is evidence of an authentic faith rooted and grounded in truth.  Have you decided?