>> Preserving data for a judicial hold does not give them leeway to use that data for other purposes
Does not give them permission. What if LEO asks for the data? Should they hand it over just because they have it? Remember, this happens all the time with metadata from other companies (phone carriers for example). Having the data means it's possible to use it for other purposes as opposed to not possible. There is always pressure to do so both from within and outside a company.
> Should they hand it over just because they have it?
Not unless LEO sues OpenAI while it's preserving data from the first discovery, otherwise they cannot be compelled to give up data. Nor are they allowed to violate their TOS and use the data outside of retention, despite the FUD you want to spread about it.
> Having the data means it's possible
No, it doesn't. That's not how any of this works.