Marshall ordered Sutherland to recommend the award, and authored the citation himself. Ironically, this also meant that it violated the governing statute, as it could only be considered lawful so long as material requirements were waived by Congress, such as the unmet requirement to perform conspicuous gallantry "above and beyond the call of duty". Marshall admitted the defect to the Secretary of War, acknowledging that "there is no specific act of General MacArthur's to justify the award of the Medal of Honor under a literal interpretation of the statutes". Similarly, when the Army's adjutant general reviewed the case in 1945, he determined that "authority for [MacArthur's] award is questionable under strict interpretation of regulations".