This doesn't make sense, he would have had forward secrecy on unless there was some reason not to do so (like he was compelled not to, or if he isn't even the one doing all this).
If not all connections used it, FBI / NSA are probably now in the position to decrypt earlier recordings of user sessions, thus recovering the passwords, email contents etc...
From reading the ssllabs report, it looks like even with the current setup, sessions by IE and Safari (also Android?) users can be recovered once the new key is obtained via court order.
No idea about before the warrant, but I don't see any good reason to think it changed it changed
The certificate isn't what control PFS, it's the allowed (and preferred) cipher suites.
You can enable PFS without changing your cert.
They only ordered him to disclose the old ssl key, maybe it doesn't apply to the new one?
EDIT: And hope the relevant courts are not running during those 72 hours?