>>12427747 (lb)
He's definitely using the pen as a pointer, with documents (photoshopped out?) sitting on the table.
Without documents on the table, what is the context for this photo? Three guys sitting down talking, without any reference documents? Seems like a waste of time.
Also, look at Kevin McCarthy's eyes. He is clearly looking at something on the table.
Are we really to believe that he is staring at the pen in Pompeo's hand?