I too have had no luck whatsoever stealing his swords. Even with 150+ on picking pockets (using master thievery potions accumulated) I get "Target has no items" and I got this message about 10 times in a row before he went hostile so I'm completely ruling out the possibility of stealing them unless there in another tactic to employ (besides killing him). I mean, it's not really very realistic if you can steal a sword from someones hand without them noticing.
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