"We are at war, and we will use every instrument of national power - civilian, military, law enforcement, intelligence, diplomatic and others - to win,"

This was from attorney general Eric Holder today in regard to the decision to try KSM in NY. If so, how to explain his decision and the official policy of the Obama administration to NOT use the term "war on terror" or the official policy to not regard attacks as terrorism, but as the absurdly named "man made disasters"?