You're kneejerking. Just because the whole FISA system is bogus doesn't mean that you have to invent facts that don't exist. The FISA order explicitly stated that in the absence of any court ordered retention, the records could not be retained longer than authorized. That is the FISA court ordered the NSA to follow the (bogus) law and not try to bend the rules any further than already (bogusly) allowed.
The fact that there is now a court order requiring some preservation of records is explicitly not in conflict with the FISA order as written. Or did you not read it?