The final word appears to be that Fox has shown a still shot from the front of the podium that shows Kerry with a pen; it is unclear how this shot fits in chronologically with the backstage video that shows Kerry removing an object from his pocket.
He was still forbidden to use even a pen. He still cheated.
I agree. I saw several videos that did not match up to the explaination of the black pen picture.
The side view was the white starched cuff of his shirt
I saw the frontal shot on Fox; it was a pen.
Kerry's people said it was a pen...and folks in the media just took that.
But I seem to remember him unfolding something when he pulled it out of his jacket.