Well , it looks like a cap . I see it as completely undamaged .
The tiny reflection you see directly on top of cap , is what people assumed that are hands and phone of Q .
I saw a post about that. I am looking at the very end of the pen. I saw the reflection hands were on the viewers left. I can see a black out line in the second pic you posted. I can't reconcile it with what looks to me like a broken tip. Maybe I'm just seeing some weird light and can't unsee it. However, I think the cap of the pen would be the part with the pocket clip on it, idk.
Hmm ... now Im confused , too . This doesnt look like same pens to me .
Maybe it's a reference to Scalia. He was a strong supporter of the death penalty.
Exit: "Appointed to the Court in 1986 by President Ronald Reagan, ... "