Did he take in cheat notes to the debate, clearly defying the rules of engagement he was bound to follow? The Agreement between the campaigns clearly stated:

(c) No props, notes, charts, diagrams, or other writings or other tangible things may be brought into the debate by either candidate.

(d) Notwithstanding subparagraph 5(c), the candidates may take notes during the debate on the size, color and type of paper each side prefers. Each candidate must submit to the staff of the Commission prior to the debate all such paper and any pens or pencils with which a candidate may wish to take notes during the debate, and the staff or commission will place such paper, pens and pencils on the podium, table or other structure to be used by the candidate in that debate.

So what was John Kerry taking out of his pocket? (Thanks DailyRecycler)

INDC reports the story with DailyRecycler and has some screen caps on their site:

I remember thinking I saw Kerry pull something out of his pocket - and since I had made a post earlier that day about, and read the Memorandum of Understanding between the candidates, and Kerry’s team’s desire to breach the agreement before the debate - I thought to myself, “did Kerry just pull notes out of his pocket and break the rules?” Then I thought back to what the Kerry campaign said earlier in the day:

Kerry’s team threatened to remove the lights when they visit the debate site with the candidate later in the day. “We’ll do what we have to,” Kerry strategist Tad Devine said after his meeting with the commission.

They were already in an Agreement-breaching mood… As INDC says, “A candidate’s unilateral use of prepared notes could provide a distinct advantage in the debate, hence their mutual prohibition.”

In a weird twist of Nostradamus-like predictions, Jim Hoagland of the Washington Post seemed to predict, before the debate, that a Kerry win would be predicated on cheating:

Kerry may have to ‘cheat’ to score many points tonight

• The rules constrain Kerry more than Bush. Unless the challenger is prepared to “cheat” Thursday night - to go up to and even across the lines of prescribed and proscribed behavior - the devil in these details will tilt the first debate into an exchange of stump speeches.
• Kerry has to walk a fine line in judging how the public will view “cheating” in those circumstances.
• John Kerry must not only overcome George W. Bush but also slip Houdini-like from the straitjacket of rules that Kerry willingly donned for this joust.

But I’m sure the Kerry handlers will excuse it as a deflection by the Bush camp. “But they’re focusing on Kerry’s cheating instead of the issues.” (Update: This was easy to call - A top Kerry campaign source explained to the DRUDGE REPORT late Sunday how Bush supporters were once again trying to distract. “Kerry did not cheat. This is more lies from Republicans, who are hoping for a quick change of subject away from the president’s performance, and the new polls.”)

Bottom line, Kerry’s gonna have some splainin’ to do…..

Others covering this one:
Double Toothpicks
Captain’s Quarters
Say Anything
Blogs For Bush
Whomping Willow
Pardon My English
Powerline

UPDATE: (Hat tip LGF): So the New York Post says it’s a pen. Case closed? Hardly, the ‘journalist’ who rushed to the defense of the Kerry campaign with his “it’s a pen” article is Gersh Kuntzman, who says in a Newsweek article, “Whether you’re a liberal Democrat like me or a conservative Republican (you know, one of those people who annoy me)“…